In the matter of Fraisher, LLC et al
ORDER GRANTING Pet's 2 Motion for Interim Relief & for Entry of a Concorsus Order as set out. The Letter of Undertaking (Doc. 1 -3) is ACCEPTED & APPROVED. Further prosecution of any action or proceeding against Pets or their property is E NJOINED as set out. Notice shall be issued as set out. Pets are responsible for coordinating w/the USM as to publication dates. The Clerk shall issue notice as set out. Signed by District Judge Terry F. Moorer on 10/4/19. (Attachment: # 1 Notice to Claimants of Complaint for Exoneration from or Limitation of Liability) (2 cert. copies hand-delivered to the USM on 10/4/19) (tot)
Case 1:19-cv-00618-TFM-MU Document 1-5 Filed 09/06/19 Page 1 of 2
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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
IN THE MATTER OF FRAISHER, LLC AS
OWNER OF THE M/V UP THERES, AND
TOP TIER WATERSPORT, LLC AS
OWNER PRO HAC VICE OF THE M/V UP
THERES, FOR EXONERATION FROM OR
LIMITATION OF LIABILITY
NOTICE TO CLAIMANTS OF COMPLAINT FOR
EXONERATION FROM OR LIMITATION OF LIABILITY
Notice is hereby given that Fraisher, LLC, as owner and Top Tier Watersport, LLC, as
charterer, operator, and/or owner pro hac vice of the M/V UP THERES, (“collectively
Petitioners”), have filed a Petition for Exoneration From or Limitation of Liability (the “Petition”)
pursuant to 46 U.S.C. § 30501 et seq., and all laws supplementary thereto and amendatory thereof,
for exoneration from or limitation of liability of all claims for any loss, destruction, injuries, or
damage arising out of a marine casualty occurring in the Gulf of Mexico near Orange Beach,
Alabama on April 10, 2018.
All persons, firms, corporations, or other legal entities having such claims against the
aforementioned vessel or Petitioners must file their respective claims, as provided in Rule F of
the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil
Procedure, with the Clerk of the United States District Court, Southern District of Alabama, 155
St. Joseph Street, Mobile, Alabama, 36602, and must serve a copy thereof on counsel for
Petitioner, on or before November 18, 2019, or be defaulted.
If any claimant desires to contest either the right to exoneration from or the right to
limitation of liability, he or she shall file and serve on counsel for Petitioners an answer to the
Case 1:19-cv-00618-TFM-MU Document 1-5 Filed 09/06/19 Page 2 of 2
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Limitation Petition on or before the aforesaid date unless his/her claim has included an answer so
designated, or be defaulted.
Mobile, Alabama, on this 4th day of October, 2019.
Tammy Thornton , De t er
CLERK OR DEPUTY CLERK OF COURT
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